H.B. 437

1

INTERPRETERS FOR HEARING IMPAIRED
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen W. Morgan
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill prevents a qualified person from being denied certification as an interpreter for
10 the hearing impaired based on age.
11 Highlighted Provisions:
12 This bill:
13 . prevents an otherwise qualified person from being denied certification as an
14 interpreter for the hearing impaired based on a minimum age requirement.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53A-26a-202, as enacted by Chapter 306, Laws of Utah 1994
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53A-26a-202 is amended to read:
25 53A-26a-202. Powers and duties of the board.
26 (1) The board shall function as an advisory board to the State Board of Education and
27 under the direction of the State Board of Education shall perform the following duties

28 concerning the certification of interpreters:
29 (a) recommend to the state board appropriate rules;
30 (b) recommend to the state board policy and budgetary matters;
31 (c) recommend to the state board a passing score for applicant examinations;
32 (d) screen applicants for certification and recommend certification, renewal,
33 reinstatement, and recertification actions to the state board in writing;
34 (e) recommend standards of supervision for persons in training to become certified
35 interpreters; and
36 (f) act as presiding officer in conducting hearings associated with adjudicative
37 proceedings and in issuing recommended orders when so designated by the State Board of
38 Education.
39 (2) The State Board of Education, with the collaboration and assistance of the advisory
40 board, shall:
41 (a) prescribe certification qualifications, but the board may not prevent an otherwise
42 qualified individual from becoming certified based on age;
43 (b) prescribe rules governing applications for certification;
44 (c) provide for a fair and impartial method of examination of applicants;
45 (d) define unprofessional conduct, by rule, to supplement the definition under this
46 chapter; and
47 (e) establish conditions for reinstatement and renewal of certification.
48 (3) (a) The advisory board shall designate one of its members on a permanent or
49 rotating basis to:
50 (i) assist the state board in reviewing complaints involving the unlawful or
51 unprofessional conduct of a certified interpreter; and
52 (ii) advise the state board in its investigation of these complaints.
53 (b) An advisory board member who has, under Subsection (3)(a), reviewed a complaint
54 or advised in its investigation is disqualified from participating with the advisory board when it
55 serves as a presiding officer of an administrative proceeding concerning the complaint.

Legislative Review Note
as of 2-7-06 2:49 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel